CHHANDA BAISHNAB Vs. SABITA CHAKRABORTY

JUDGEMENT

(1.) The reasons assigned by the learned trial Judge, rejecting the defendants' (petitioners herein) application filed under Order XI Rule 14 CPC, seeking permission to place on record certain documents, are two fold: (a) the document was in the custody of the applicant (defendant) and not the Opposite Party i.e. the plaintiff, (b) it is not "prudent to invoke" the provisions in the Court and as such the Court cannot exercise the power in the interest of justice.

(2.) This Court is of the considered view that the reasons assigned are legally unsustainable in law.

(3.) Perhaps it escaped the attention of the learned trial Judge that vide order dtd. 6/8/2018, this Court in CRP No. 64/2018 titled as Chhanda Baishnab and ors. v. Sabita Chakraborty and Anr. had granted liberty to the applicant to move an appropriate application seeking liberty for producing the documents on record.